International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second EditionOppenheim, L. (Lassa)
History
International Law. A Treatise. Volume 2 (of 2): War and Neutrality. Second Edition
Oppenheim, L. (Lassa)
International law
(2) Although undefended places themselves are exempt, nevertheless
military works, military or naval establishments, depôts of arms or war
material, workshops or plant which could be utilised for the needs of
the hostile fleet or army, and men-of-war in the harbour of undefended
places may be bombarded. And no responsibility is incurred for any
unavoidable damage caused thereby to the undefended place or its
inhabitants. As a rule, however, the commander must, before resorting to
bombardment of these works, ships, and the like, give warning to the
local authorities so that they can destroy the works and vessels
themselves. Only if, for military reasons, immediate action is necessary
and no delay can be allowed to the enemy, may bombardment be resorted to
without previous warning, the commander being compelled to take all due
measures in order that the undefended place itself may suffer as little
harm as possible (article 2).
The first case in which naval forces acted according to these rules
occurred during the Turco-Italian war. On February 25, 1912, Admiral
Faravelli, the commander of an Italian squadron, surprised, at dawn, the
Turkish gunboat _Awni-Illa_ and a torpedo-boat in the port of Beirut.
These vessels were called upon to surrender, they were given until nine
o'clock a.m. to comply with the demand, and the demand was communicated
to the Governor and the Consular authorities. At nine o'clock the
Turkish vessels were again, by signal, summoned to surrender, and as no
reply was received, they were fired at and destroyed, but not without
first having vigorously answered the fire of the Italians. Shells
missing the vessels and bursting on the quay killed and wounded a number
of individuals and damaged several buildings. The Turkish Government
protested against this procedure as a violation of Convention IX. of the
Second Peace Conference, but, provided the official report of Admiral
Faravelli corresponds with the facts, the Turkish protest is unfounded.
(3) In case undefended places do not comply with legitimate
requisitions, they likewise may be bombarded; see details above, § 212.
(4) In case of bombardments, all necessary steps must be taken to spare
buildings devoted to public worship, art, science, or charitable
purposes; historical monuments; hospitals, and places where the sick or
wounded are collected, provided they are not at the time used for
military purposes. To enable the attacking force to carry out this
injunction, the privileged buildings, monuments, and places must be
indicated by visible signs, which shall consist of large stiff
rectangular panels, divided diagonally into two coloured triangular
portions, the upper portion black, the lower portion white (article 5).
Unless military exigencies render it impossible the commander of an
attacking naval force must, before commencing the bombardment, do all in
his power to warn the authorities (article 6).
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